BILL NUMBER: AB 2260	CHAPTERED  09/27/00

	CHAPTER   718
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 26, 2000

INTRODUCED BY   Assembly Member Shelley
   (Coauthors:  Assembly Members Aroner, Bock, Hertzberg, Honda,
Jackson, Keeley, Knox, Kuehl, Mazzoni, Strom-Martin, Washington, and
Wildman)
   (Coauthor:  Senator O'Connell)

                        FEBRUARY 24, 2000

   An act to add Section 48980.3 to, and to add Article 4 (commencing
with Section 17608) to Chapter 5 of Part 10.5 of, the Education
Code, and to add Article 17 (commencing with Section 13180) to
Chapter 2 of Division 7 of the Food and Agricultural Code, relating
to school safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2260, Shelley.  School safety.
   Under existing law, the Department of Pesticide Regulation has
primary responsibility for enforcing pesticide laws and regulations.
Existing law establishes and maintains various programs to promote
health and prevent disease.
   This bill would establish the Healthy Schools Act of 2000.  The
bill would require that the preferred method of managing pests at
schoolsites be effective least toxic pest management practices and
would further require that the state take the necessary steps,
pursuant to specified provisions, to facilitate the adoption of
effective least management practices at schoolsites.  The bill would
require each schoolsite to maintain records of all pesticide use at
the schoolsite for a period of 4 years and make the records available
to the public upon request, thus imposing a state-mandated local
program.  The bill would require that licensed and certified pest
control operators include information on any school pesticide
application that they perform as part of their otherwise applicable
pesticide use reporting requirements.
   The bill would require, on an annual basis, the school district
designee to provide to all staff and parents or guardians of pupils
enrolled at a school written notification addressing, among other
things, expected pesticide use, thus imposing a state-mandated local
program.  The bill would require that the recipients be afforded the
opportunity to register with the school district to receive
information regarding individual pesticide applications.  The bill
would require the school district designee to post warning signs
prior to application of pesticides at a schoolsite, thus imposing a
state-mandated local program.
   The bill would require the Department of Pesticide Regulation to
promote and facilitate the voluntary adoption of integrated pest
management programs as specified, maintain an internet website, and
establish an integrated pest management training program.  The bill
would provide definitions of terms for the Healthy Schools Act of
2000.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 4 (commencing with Section 17608) is added to
Chapter 5 of Part 10.5 of the Education Code, to read:

      Article 4.  Healthy Schools Act of 2000

   17608.  This article, Article 17 (commencing with Section 13180)
of Chapter 2 of Division 7 of the Food and Agricultural Code, and
Article 2 (commencing with Section 105500) of Chapter 76 of Division
103 of the Health and Safety Code, shall be known and cited as the
Healthy Schools Act of 2000.
   17609.  The definitions set forth in this section govern the
construction of this article unless the context clearly requires
otherwise:
   (a) "Antimicrobial" means those pesticides defined by the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).

   (b) "Crack and crevice treatment" means the application of small
quantities of a pesticide consistent with labeling instructions in a
building into openings such as those commonly found at expansion
joints, between levels of construction and between equipment and
floors.
   (c) "Emergency conditions" means any circumstances in which the
school district designee deems that the immediate use of a pesticide
is necessary to protect the health and safety of pupils, staff, or
other persons, or the schoolsite.
   (d) "School district designee" means the individual identified by
the school district to carry out the requirements of this article at
the schoolsite.
   (e) " Schoolsite" means any facility used for public day care,
kindergarten, elementary, or secondary school purposes.  The term
includes the buildings or structures, playgrounds, athletic fields,
school vehicles, or any other area of school property visited or used
by pupils.  "Schoolsite" does not include any postsecondary
educational facility attended by secondary pupils or private day care
or school facilities.
   17610.  It is the policy of the state that effective least toxic
pest management practices should be the preferred method of managing
pests at schoolsites and that the state, in order to reduce children'
s exposure to toxic pesticides, shall take the necessary steps,
pursuant to Article 17 (commencing with Section 13180) of Chapter 2
of Division 7 of the Food and Agricultural Code, to facilitate the
adoption of effective least toxic pest management practices at
schoolsites.  It is the intent of the Legislature to encourage
appropriate training to be provided to school personnel involved in
the application of pesticide at a schoolsite.
   17610.5.  Sections 17611 and 17612 shall not apply to a pesticide
product deployed in the form of a self-contained bait or trap, to gel
or paste deployed as a crack and crevice treatment, to any pesticide
exempted from regulation by the United States Environmental
Protection Agency pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 25 (b)), or to antimicrobial
pesticides, including sanitizers and disinfectants.
   17611.  Each schoolsite shall maintain records of all pesticide
use at the schoolsite for a period of four years, and shall make this
information available to the public, upon request, pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).  A schoolsite
may meet the requirements of this section by retaining a copy of the
warning sign posted for each application required pursuant to
Section 17612, and recording on that copy the amount of the pesticide
used.
   17612.  (a) The school district designee shall annually provide to
all staff and parents or guardians of pupils enrolled at a
schoolsite a written notification of the name of all pesticide
products expected to be applied at the school facility during the
upcoming year.  The notification shall identify the active ingredient
or ingredients in each pesticide product.   The notice shall also
contain the Internet address used to access information on pesticides
and pesticide use reduction developed by the Department of Pesticide
Regulation pursuant to Section 13184 of the Food and Agricultural
Code and may contain other information deemed necessary by the school
district designee.  No other written notification of pesticide
applications shall be required by this act except as follows:
   (1) In the written notification provided pursuant to this
subdivision, the school district designee shall provide the
opportunity for recipients to register with the school district if
they wish to receive notification of individual pesticide
applications at the school facility.  Persons who register for such
notification shall be notified of individual pesticide applications
at least 72 hours prior to the application.  The notice shall include
the product name, the active ingredient or ingredients in the
product, and the intended date of application.
   (2) If a pesticide product not included in the annual notification
is subsequently intended for use at the schoolsite, the school
district designee shall, consistent with this subdivision and at
least 72 hours prior to application, provide written notification of
its intended use.
   (b) The school designee shall make every effort to meet the
requirements of this section in the least costly manner.  Annual
notification to parents and guardians shall be provided pursuant to
Section 48980.3.  Any other notification shall, to the extent
feasible and consistent with the act adding this article, be included
as part of any other written communication provided to individual
parents or guardians.  Nothing in this section shall require the
school district designee to issue the notice through first-class
mail, unless he or she determines that no other method is feasible.
   (c) Pest control measures taken during an emergency condition as
defined in Section 17609 shall not be subject to the requirements of
paragraphs (1) and (2) of subdivision (a).  However, the school
district designee shall make every effort to provide the required
notification for an application of a pesticide under emergency
conditions.
   (d) The school district designee shall post each area of the
schoolsite where pesticides will be applied with a warning sign.  The
warning sign shall prominently display the term "Warning/Pesticide
Treated Area" and shall include the product name, manufacturer's
name, the United States Environmental Protection Agency's product
registration number, intended date and areas of application, and
reason for the pesticide application.  The warning sign shall be
visible to all persons entering the treated area and shall be posted
24 hours prior to the application and remain posted until 72 hours
after the application.  In case of a pest control emergency, the
warning sign shall be posted immediately upon application and shall
remain posted until 72 hours after the application.
   (e) Subdivisions (a) and (d) shall not apply to schools operated
by the California Youth Authority.  The school administrator of a
school operated by the California Youth Authority shall notify the
chief medical officer of that facility at least 72 hours prior to
application of pesticides.  The chief medical officer shall take any
steps necessary to protect the health of pupils in that facility.
   (f) This section and Section 17611 shall not apply to activities
undertaken at a school by participants in the state program of
agricultural vocational education, pursuant to Article 7 (commencing
with Section 52450) of Chapter 9 of Part 28, if the activities are
necessary to meet the curriculum requirements prescribed in Section
52454.  Nothing in this subdivision relieves schools participating in
the state program of agricultural vocational education of any duties
pursuant to this section for activities that are not directly
related to the curriculum requirements of Section 52454.
   17613.  Section 17612 shall not apply to any agency signatory to a
cooperative agreement with the State Department of Health Services
pursuant to Section 116180 of the Health and Safety Code.
  SEC. 2.  Section 48980.3 is added to the Education Code, to read:
   48980.3.  The notification required pursuant to Section 48980
shall include information regarding  pesticide products as specified
in subdivision (a) of Section 17612.
  SEC. 3.  Article 17 (commencing with Section 13180) is added to
Chapter 2 of Division 7 of the Food and Agricultural Code, to read:

      Article 17.  Healthy Schools Act of 2000

   13180.  This article, Article 4 (commencing with Section 17608) of
Chapter 5 of Part 10.5 of the Education Code, and Article 2
(commencing with Section 105500) of Chapter 7 of Division 103 of the
Health and Safety Code, shall be known and may be cited as the
Healthy Schools Act of 2000.
   13181.  Notwithstanding any other provision of law, for purposes
of this article, "integrated pest management" means a pest management
strategy that focuses on long-term prevention or suppression of pest
problems through a combination of techniques such as monitoring for
pest presence and establishing treatment threshold levels, using
nonchemical practices to make the habitat less conducive to pest
development, improving sanitation, and employing mechanical and
physical controls.  Pesticides that pose the least possible hazard
and are effective in a manner that minimizes risks to people,
property, and the environment, are used only after careful monitoring
indicates they are needed according to preestablished guidelines and
treatment thresholds.  This definition shall apply only to
integrated pest management at school facilities.
   13182.  It is the policy of the state that effective least toxic
pest management practices should be the preferred method of managing
pests at schoolsites and that the state, in order to reduce children'
s exposure to toxic pesticides, shall take the necessary steps,
pursuant to this article, to facilitate the adoption of effective
least toxic pest management practices at schoolsites.  It is the
intent of the Legislature to encourage appropriate training to be
provided to school personnel involved in the application of pesticide
at a schoolsite.
   13183.  The Department of Pesticide Regulation shall, by July 1,
2001, promote and facilitate the voluntary adoption of integrated
pest management programs for all school districts that voluntarily
choose to do so.  For these school districts, the department shall do
all of the following:
   (a) Establish an integrated pest management program for school
districts consistent with Section 13181.  In establishing the
program, the department shall:
   (1) Develop criteria for identifying least-hazardous pest control
practices and encourage their adoption as part of an integrated pest
management program at each schoolsite.
   (2) Develop a model program guidebook that prescribes essential
program elements for a school district that has adopted a
least-hazardous integrated pest management program.  At a minimum,
this guidebook shall include guidance on all of the following:
   (A) Adopting an IPM policy.
   (B) Selecting and training an IPM coordinator.
   (C) Identifying and monitoring pest populations and damage.
   (D) Establishing a community-based school district advisory
committee.
   (E) Developing a pest management plan for making least-hazardous
pest control choices.
   (F) Contracting for integrated pest management services.
   (G) Training and licensing opportunities.
   (H) Establishing a community-based right-to-know standard for
notification and posting of pesticide applications.
   (I) Recordkeeping and program review.
   (b) Make the model program guidebook available to school districts
and establish a process for systematically updating the guidebook
and supporting documentation.
   13184.  (a) In implementing Section 13183, the department shall
establish and maintain an Internet website as a comprehensive
directory of resources describing and promoting least-hazardous
practices at schoolsites.  The website shall also make available an
electronic copy of the model program guidebook, its updates, and
supporting documentation.  The department shall also establish and
maintain on its website an easily identified link that provides the
public with all appropriate information regarding the public health
and environmental impacts of pesticide active ingredients and ways to
reduce the use of pesticides at school facilities.
   (b) It is the intent of the Legislature that the state assist
school districts to ensure that compliance with Section 17612 of the
Education Code is simple and inexpensive.  The department shall
include in its website Internet-based links that allow schools to
properly identify and list the active ingredients of pesticide
products they expect to be applied during the upcoming year.  Use of
these links by schools is not mandatory but shall be made available
to all schools at no cost.  The department shall ensure that adequate
resources are available to respond to inquiries from school
facilities or districts regarding the use of integrated pest
management practices.
   13185.  (a) The department shall establish an integrated pest
management training program in order to facilitate the adoption of a
model IPM program and least-hazardous pest control practices by
school districts.  In establishing the IPM training program, the
department shall do all of the following:
   (1) Adopt a "train-the-trainer" approach, whenever feasible, to
rapidly and broadly disseminate program information.
   (2) Develop curricula and promote ongoing training efforts in
cooperation with the University of California and the California
State University.
   (3) Prioritize outreach on a regional basis first and then to
school districts.
   (b) Nothing in this article shall preclude a school district from
adopting stricter pesticide use policies.
   13186.  (a) The Legislature finds and declares that the Department
of Pesticide Regulation, pursuant to Section 12979 of the Food and
Agricultural Code and Sections 6624 and 6627 of Title 3 of the
California Code of Regulations, requires persons engaged for hire in
the business of pest control to maintain records of pesticide use and
report a summary of that pesticide use to the county agricultural
commissioner or director.  The Legislature further finds and declares
that it is in the interest of the state, in implementing a school
integrated pest management program pursuant to this article, to
collect specified information on the use of pesticides at school
facilities.
   (b) The Department of Pesticide Regulation shall prepare a school
pesticide use form to be used by licensed and certified pest control
operators when they apply any pesticides at a schoolsite.  The form
shall include, for each application at a schoolsite, the name and
address of the schoolsite, date and location of application,
pesticide product name, and the quantity of pesticide used.  Nothing
in this section shall change any existing applicable pesticide use
reporting requirements.
   (c) On and after January 1, 2002, persons required to submit
pesticide use records to the county agricultural commissioner or
director shall complete and submit to the director the school
pesticide use forms established pursuant to this section.  The forms
shall be submitted annually and may be submitted more often at the
discretion of the pest control operator maintaining the forms.
   13187.  Section 13186 shall not apply to any agency signatory to a
cooperative agreement with the State Department of Health Services
pursuant to Section 116180 of the Health and Safety Code.
   13188.  The Director of Pesticide Regulation may adopt regulations
to implement this article.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
